Criminal Defense Terms and Definitions

Assault A willful attempt to illegally inflict injury on or threaten a person. Tort An injury or wrong committed, either with or without force, to the person or property of another, for which civil liability may be imposed. Fourth Amendment The 4th Amendment to the U.S. Constitution protects every person against unreasonable search and seizure by government officials. Misdemeanor A minor offense, lower than a felony, which is punishable by a county jail term of up to one year and/or a fine, but not prison. Misdemeanors are classified into three categories: Class A, B, and C. Accessory A person who assists in the commission of a crime, either before or after the fact. Subpoena An official order to appear in court (or at a deposition) at a specific time. Failure to obey a subpoena to appear in court is punishable as a contempt of court. Burglary The unlawful breaking into or entering of a building or dwelling with the intent to commit a serious crime or theft. Levy A seizure; the obtaining of money by legal process through seizure and sale of property. Alternative Dispute Resolution (ADR) Methods of resolving disputes outside of official court proceedings. These methods include mediation arbitration, and conciliation. Allegation The assertion, declaration, or statement of a party to an action, made in a pleading, establishing what the party expects to prove.

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	Did You Know?
	There are 3 basic types with standard of proof There are essentially three standards of proof applicable in most court proceedings. In criminal and delinquency cases, the offense must be proven beyond a reasonable doubt, the highest standard. In civil cases and neglect and dependency proceedings, the lowest standard applies by a mere preponderance of the evidence (more likely than not). In some civil cases, and in juvenile proceedings such a permanent termination of parental rights, an intermediate standard applies: proof by clear and convincing evidence.